It is believed that all attorneys serving as GALs in d/n/a cases will benefit from basic training to achieve the goal of a well-trained pool of attorneys willing and able to serve as GALs.

The first duty of the GAL is to establish a relationship with the child client, as an attorney would with any client. This interview should be conducted face-to-face at a time and place that allows the GAL to observe the child and ascertain: the child's wishes, the safety and adequacy of the child's current placement, and the need for further testing, evaluation or interim judicial relief. Such interviews are best conducted on a date prior to the first court appearance and at a location other than the courthouse. It is important to meet with the child in a private setting, such as the GAL's office, the child's home, school or placement, and away from the litigants so that the child can talk openly.

There should be sufficient time between the interview and court appearances for the GAL to fully analyze the information gleaned, take appropriate actions and formulate meaningful arguments and recommendations.

The content and direction of the interview should take into account the child's age, maturity and potential stress created by the circumstances of the case and prior interviews, especially in cases involving allegations of sexual or other abuse. In such cases, GALs should rely upon videotapes of forensic interviews or attend interviews of the child conducted by trained experts rather than conducting their own independent investigation and interviewing the child about the facts of their alleged victimization.

As appropriate, children should be encouraged to articulate their concerns and views. In custody and visitation cases, care should be taken so that the child never feels compelled to state a preference or choose between parents or placements. Where the GAL is appointed for children also accused of or charged with a crime, the GAL should exercise caution when talking to the child about the circumstances of the offense and advise the child about the limitations on confidentiality that may apply.

Young children present a challenge, but the age and verbal ability of the child do not abrogate the responsibility to meet face-to-face with the child whenever possible. In meetings with young children, and with children with limited language abilities or those with disabilities, the GAL will rely much more heavily on observation. Conducting such meetings at the child's home or placement allows the GAL to observe the surroundings and the child's interactions with others, as well as to interview the child's caretaker.

If the child expresses wishes that are contrary to the GAL's assessment of the child's interests and welfare, the GAL shall inform the court of these wishes in addition to the GAL's recommendations and reasoning. If the child is uncooperative or appears to have been influenced by a parent or custodian, the GAL should inform the court of these circumstances.

The GAL shall review any and all relevant records, which may include court, social service, medical, mental health, and school records, and consult with no less than three sources with knowledge of the case prior to each court appearance. The GAL should attach a copy of the AOC DNA-10 ORDER APPOINTING GUARDIAN AD LITEM, to any written request for records since it delineates the statutory authority for access to records.

The GAL should interview all persons with relevant knowledge of the child and the facts that gave rise to the allegations. Such other persons would include, for example, the child's parents, current caretakers including foster parents, an assigned Court-Appointed Special Advocate (CASA) worker, social worker, child care provider, clergy, neighbors, relatives, school personnel, and health and mental health providers. When the child is young, there is a greater need to seek independent sources of information and obtain verification of salient facts. Such interviews are best conducted on a date prior to the court appearances and at a location other than the courthouse.

GALs should communicate their role and responsibilities clearly to the parent's and/or other parties' attorneys including the GAL's legal status in the proceeding and responsibility to participate fully to protect the child's interests and express the child's wishes.

Where the GAL is appointed for children also accused of or charged with a crime, the GAL should contact the child's defense attorney, if one has been appointed or retained.

There should be sufficient time between the interview and court appearances for the GAL to fully analyze the information gleaned, formulate a meaningful strategy, and take appropriate actions such as issuing subpoenas, filing motions for temporary or protective relief or for the child to receive appropriate services and evaluations. If the home environment is at issue, whenever possible, the GAL should visit the child's home and any proposed alternative placement. In the alternative, the GAL should review all available evidence in order to develop an informed assessment as to the best interest of the child.

GALs should independently evaluate all allegations of child abuse or neglect, or of risk to the child's safety or welfare, including but not limited to physical or mental abuse, sexual abuse, lack of supervision, educational neglect, and exposure of the child to domestic violence or substance abuse, regardless of whether such abuse or neglect or risk is identified in the parties' pleadings.

When, in the course of representing the child, the GAL becomes aware of child abuse or neglect, or of risk to the child's safety or welfare that is not identified in any existing pleadings before the Court, the GAL shall take appropriate action to report such information, as set forth in KRS 620.030. Because of the unique nature of the child / Guardian ad Litem relationship, this statutory duty overrides any duty of confidentiality toward the child client.

The GAL shall make every effort to ensure that the child understands, by using language appropriate to the child's age and verbal abilities, the nature of the proceedings, the consequences which may result, the possibility of future modifications, the attorney's responsibilities as a GAL, and how to contact the GAL. If the child has significant emotional problems, the GAL should consult with a mental health specialist or the child's therapist in order to determine the best manner to present this information.

Where the GAL is appointed for a child also accused of or charged with a crime, the GAL should explain how the GAL's role and responsibilities differ from that of the child's defense attorney and advise the child about the limitations on confidentiality that may apply.

The GAL must inform the child that there may be circumstances when confidentiality will apply to communication between the child and GAL, and circumstances when it may not. The GAL may use information received from the child to further the child's best interest. For example, the GAL may learn from the child that a custodian is taking illegal drugs and may use that information to request that the court order drug testing of the custodian.

The GAL should keep the child apprised of any developments in the case and actions of the court or parties involved. The GAL shall maintain meaningful contact with the child throughout the term of the case to monitor the child's welfare and the parties' compliance with court orders.

The GAL shall attend all court dates relating to the child if notice has been provided. The GAL should be involved in all Court appearances relating to the case, pre-trial and case planning conferences, agency and Court reviews of the case, Interested Party Reviews, and mediation. Additionally, the GAL should take any action necessary to attempt to resolve the case in the least adversarial manner possible; however, a GAL should clarify, when necessary, that he or she is not acting as a mediator.

The GAL's role in such meetings is to represent and advocate for the best interests of the child. As a general rule, the GAL should encourage settlements. In cases where the GAL reasonably believes that a proposed agreement, disposition, permanency goal, prevention plan, or case plan would be contrary to the welfare of the child, the GAL should first discuss these concerns with the parties and their counsel. If these concerns are not addressed, the GAL should bring the facts that led to the concerns to the Court's attention during the hearing or by filing written objections. Any proposal which is deleterious to the child should be opposed by the GAL despite the agreement of the other parties.

The GAL must inform the child of all court dates and, in so far as possible, the GAL should assure the meaningful participation of the child in all phases of the proceedings, which would include attendance at appropriate court hearings.

The GAL should consult the child, caretaker, therapist and any other relevant individuals to determine the appropriateness of the child's attendance at a hearing. A decision to exclude the child from a hearing should be made on a case-by-case basis. In making this determination, the GAL should consider the age, maturity and desires of the child; the purpose of the hearing; the advice of those consulted; and the potential risk of trauma to the child evoked by such attendance.

As in any case, the GAL is expected to act as an advocate for the child client. This demands attendance at all hearings with the intention of presenting a well formulated position based on the facts. This position should be supported by the GAL's independent investigation, and through the development of a theory and strategy for the case. The GAL should prepare, present and cross-examine witnesses, offer exhibits, and provide independent evidence as necessary. Although the child's position may overlap positions of other parties such as the parents, the GAL should be prepared to participate fully in every hearing and not merely defer to or endorse the positions of other parties. The GAL acts as an advocate and uses every attorney skill appropriate to further a result favorable to the child's best interest.

The GAL is obligated to assure that all facts relevant to the case, available dispositional remedies and possible court orders are presented to the Court. The GAL's arguments to the Court should address every appropriate aspect of the litigation including the following: analysis of any allegations of abuse, neglect or risk; analysis of factors to be considered in a determination related to custody and visitation; placement of the child; services to be made available to the child and family; and any other orders the GAL deems to be in the child's best interest. Recommendations for placements outside the home should take into consideration the availability and appropriateness of placement with relatives or friends, parental visitation and keeping a sibling group together.

The GAL's arguments should address any plans presented by other parties or agencies such as the Cabinet for Health and Family Services, CASA, therapists, CATS, and TAP. A summary of the GAL's findings with recommendations and the basis for those recommendations shall be presented to the Court no later than the dispositional hearing. This summary may be written or oral. If written, copies of the summary should be provided to the other parties and their counsel.

In any out of home placement, permanency planning, and Interested Party Review proceedings, the GAL should consult with the child about the proposed plans and explore any alternatives the GAL believes are more appropriate. If the GAL disagrees with such plans, the Court should be advised of this disagreement and the reasons.

Whenever it is appropriate to the child's needs and consistent with the direction of the court, the GAL should attend all meetings or hearings involving legal, educational and therapeutic issues specifically related to the case. These would include case planning conferences, Individualized Education Plan (IEP) meetings, school disciplinary or other educational meetings, and out of care home reviews. The GAL can present the child's perspective, gather information necessary to proper representation, and potentially achieve a resolution of all or some issues of the case at such meetings.

The GAL should contact any CASA volunteer assigned to the case and coordinate all aspects of the investigation with the CASA volunteer. Such volunteers can offer significant information and assistance to the GAL. Appropriate communication should be maintained between the GAL and all agencies and professionals involved in the case.

The GAL should make appropriate motions, including motions in limine and evidentiary objections, to advance the child's best interest in Court and during other proceedings. When necessary, the GAL should file briefs in support of legal issues. The GAL should promptly file a show cause against a party who is not following a court order or a motion to compel the Cabinet for Health and Family Services to provide services if the GAL believes the Cabinet is not making reasonable efforts towards reunification as required by law.

If the GAL believes the Court's determination is contrary to the child's best interest, after considering the wishes of the child, a notice of appeal should be filed and measures taken to assure that the appeal is perfected expeditiously. The GAL should file any appropriate pleadings on behalf of the child, including responses to pleadings of other parties.

The GAL should review all orders to ensure they conform to the Court's verbal orders and statutorily required findings and notices. The GAL shall discuss all such orders and their consequences with the child, if the child is old enough to comprehend. The child, and any person exercising custodial control and supervision of the child (including foster parents) are entitled to understand what the Court has done and what that means to the child. The GAL should explain whether the order may be modified or whether the actions of the parties may affect how the order is carried out. For example, an order may permit an agency to return the child to the parents if certain goals are accomplished.

The American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, approved by the American Bar Association House of Delegates, February 5, 1996; American Bar Association Family Law Section Standards of Practice for Lawyers Representing Children in Custody Cases, Committee final draft approved April 24, 2003, and approved by the Section Council on May 2, 2003; The New York State Bar Association Committee on Children and the Law: Law Guardian Representation Standards, Volume II, Custody Cases, November 1999; Representing Children: Standards for Attorneys and Guardians Ad Litem in Custody and Visitation Proceedings, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (NACC Revised Version), National Association of Counsel for Children, February 1996; American Academy of Matrimonial Lawyers, 1995; Richmond Juvenile and Domestic Relations District Court Guardian ad Litem Standards; and The 2003 Guardian Ad Litem Standards of the Commonwealth of Virginia were heavily relied upon in the development of these standards.